Cosgrave, William T.

Friday, 5 January 1923

Dáil Éireann Debate
Vol. 2 No. 13

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My attention had not previously been drawn officially to this case, but on receipt of the Deputy's question, I instituted inquiries, and have ascertained that the British Government on 8th March, 1921...More Button

I have not seen a copy of that letter.More Button

I do not think so. I do not think I can make special enquiries in any case at all. All those cases for compensation, as I said before, will be the subject for proceedings in the Courts according to r...More Button

I do not think the ex gratia grant will have anything to do with the case unless the Court is of opinion that that would meet the case. Not knowing the circumstances, I am not in a position to express...More Button

APPOINTMENT OF COMPTROLLER AND AUDITOR-GENERAL. - SECOND STAGE.

I beg to move the second stage of this Bill. I think it is unnecessary to deal with it at any length or to offer any lengthy observations on it now. It has to be passed according to the Articles of ...More Button

APPOINTMENT OF COMPTROLLER AND AUDITOR-GENERAL. - AMNESTY (BRITISH MILITARY) BILL—COMMITTEE.

I beg to move Clause 1 as follows:—“No action or other legal proceeding whatsoever whether civil or criminal shall be instituted in any Court of law or equity in Saorstát Eireann for or on account of ...More Button

There are three amendments dealing with Clause 1. The first is to insert after the words “Saorstát Eireann” the words “against any person.” I have to ask the Dáil for time to consider that until the...More Button

I say it is one that we have to consider. We accept the word “maintenance” for “defence” and we would have to consider the other two.More Button

Yes.More Button

Yes.More Button

APPOINTMENT OF COMPTROLLER AND AUDITOR-GENERAL BILL. - (COMMITTEE STAGE.)

I move Clause 1, as follows:—“From and after the passing of this Act, it shall be lawful for Dáil Eireann, by resolution carried by a majority of the members present and voting, from time to time, to ...More Button

It makes it much more elaborate. The phrase could be put in between the words “Dáil Eireann” and “by resolution” on line 2, Clause 1.More Button

I move Clause 2, Sub-section 1. Question put: “That Clause 2, Sub-section 1, stand part of the Bill.” Agreed.More Button

I move Clause 2, Sub-section 2.More Button

The time might well come when it might be necessary to some extent to increase the office of the person who would hold this particular position. It is a big position. If that were the case I take it...More Button

I move Clause 2, Sub-section 3.More Button

It will be observed, I think, that this particular sub-section refers to the preceding and, any infirmity that there is in the expression is, I think, to some extent due to the peculiarities of Unive...More Button

I am informed that those who have put up these Acts of Parliament are native speakers of the language in which these Acts are compiled.More Button

I move Sub-section 4, of Clause 2. This is the point that is mentioned by Deputy Professor Magennis. I think there are two Acts dealing with Pensions in the Civil Service. The one I mentioned first ...More Button

I take it that both resolutions would be the same. We cannot alter the Constitution.More Button

If he were of good behaviour and capable we would be very much disinclined to bring forward a resolution of that sort. Generally speaking this country has a great many public boards and a great many ...More Button

I beg to move Clause 3, Sub-section 2, as follows:—“The Comptroller and Auditor-General shall not, while holding his office, be capable of holding any other office or position of emolument, or of bein...More Button

I beg to move Clause 4, as follows.—“The Minister of Finance shall from time to time appoint the officers, clerks, and other persons in the Department of the Comptroller and Auditor-General and regula...More Button

Although the Minister of Finance appears there and in many other places as being a person with extraordinary authority, he has really got as little power as any member of the Dáil with regard to those...More Button

I move Clause 5, as follows:—“Anything which is by the law for the time being in force directed to be done by the Comptroller and Auditor-General, other than the certifying and reporting on accounts f...More Button

I beg to move Clause 6, as follows:—“The Comptroller and Auditor-General shall have full power to make from time to time orders and rules for the conduct of the internal business of his Department and...More Button

It is rather a difficult position, I think, to describe properly. It is not the intention. I take it, to have the Comptroller and Auditor-General a Czar, who would be subject to no authority, subject...More Button

I quite agree with regard to the independence of the individual, but it must be understood that this Dáil will not exercise any jurisdiction or control over this particular individual. As a matter of...More Button

I beg to move sub-section 1 of Clause 7. Question put: “That Sub-section 1, Clause 7, stand part of the Bill.” Agreed.More Button

I beg to move sub-section 2 of Clause 7.More Button

I do not exactly understand what this amendment means. This Auditor-General reports at different periods and times which have been prescribed by law. What exactly would be the purpose of the resolut...More Button

I do not know whether Deputy Fitzgibbon is familiar with the Exchequer and Audit Departments Acts, 1866 and 1921.More Button

The only objection I have to the amendment is this, that by a number of resolutions you may make it difficult for any officer of this kind to carry out his duties. There may be a string of resolution...More Button

I am afraid I would like to have some notice of that question.More Button

Yes, so long as he behaves himself.More Button

I take it that Deputy Johnson agrees that if we now accept these words and afterwards find there is something wrong or undesirable in them we are at liberty to find a means of removing him?More Button

I beg to move Sub-section 3, Clause 7.More Button

The Deputy always manages to get me out of my depth and I do not know what to say upon a matter of this sort. I think it is wise to put it in the way it is because it does not read well, and most Act...More Button

I now move Clause 8:—“This Act may be cited as the appointment of Comptroller and Auditor-General Act, 1923.”More Button

I agree to that. Question put: “That Clause 8, as amended, stand part of the Bill.” Agreed.More Button

I now move the first part of the preamble:—“Whereas, is is provided by Article 62 of the Constitution of Saorstát Eireann that Dáil Eireann shall appoint a Comptroller and Auditor-General to act on be...More Button

I now move the second part of the preamble:—“And Whereas it is provided by Article 63 of the Constitution aforesaid that the Comptroller and Auditor-General shall not be removed except for stated misb...More Button

Yes, very well. Question put: “That the second part of the preamble stand part of the Bill.” Agreed.More Button

I now move the title:—“An Act to provide for the Office of Comptroller and Auditor-General and for other matters connected therewith.” Question put: “That the title stand part of the Bill.” Agreed.More Button

APPOINTMENT OF COMPTROLLER AND AUDITOR-GENERAL BILL. - [ DAIL RESUMES. ]

The Bill is not to any extent damaged, and perhaps the Dáil would allow us to take it on again and get it through to go before the Seanad on Wednesday. I explained already that the whole of the Execu...More Button

I move that the Bill be now passed.More Button

I am willing to have a Committee.More Button

No.More Button

Yes. Question put: “That the Comptroller and Auditor-General Bill be now passed.” Agreed.More Button


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